HomeMy WebLinkAbout20071824.tiff Legal Instrument Identifying
Applicants Interest In Property
2007-1824
,^ LANDPROFESSIONALS,LLC
Phone: (970)535-4941 Fax: (970)535-9854
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate
Commission. (CBS 3-7-04)
I
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
5 CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
6
7 CONTRACT TO BUY AND SELL REAL ESTATE
8 (VACANT LAND-FARM-RANCH)
9
10 Date: October 24, 2006
11 i
12 eilliMPIIPurchase Price: S el
13 et
14 I. AGREEMENT. Buyer agrees to buy,and the undersigned Seller agrees to sell,the Property
I5 defined below on the terms and conditions set forth in this contract.
16 2. DEFINED TERMS.
17 a. Buyer. Buyer,Donald Eymann and/or assigns,
18 will take title to the real property described below as El Joint Tenants ❑ Tenants En Common
19 ❑ Other N/A.
20 b. Property. The Property is the following legally described real estate:
21
A PART OF THE NW4 25-1-68 LYING E OF UPRR R/W & WLY OF BULL CANAL EXC
UPER RES, BEING 13 ACRES MORE OR LESS. The title commitment shall define
the exact legal description of the property.
23 in the County of Weld,Colorado,commonly known as No.
24 TBD WCR 6 Dacono CO 80514
25 Street Address City State Zip
26 together with the interests,easements,rights,benefits, improvements and attached fixtures appurtenant
27 thereto,all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded.
28 c. Dates and Deadlines.
29
Item No. Reference Event Date or Deadline
I §5a Loan Application Deadline December 18, 2006
2 §5b Loan Commitment Deadline June 29, 2007
3 § 5c Buyer's Credit Information Deadline _ N/A
4 §5c Disapproval of Buyer's Credit Deadline N/A
_
5 § 5d Existing Loan Documents Deadline N/A
6 §5d Objection to Existing Loan Documents Deadline N/A
7 § Sd Approval of Loan Transfer Deadline N/A
8 §6a(4) Appraisal Deadline _ April 27, 2007
9 § 7a Title Deadline November 13, 2006
10 § 7c Survey Deadline See paragraph 24e
I I § 8c Survey Objection Deadline November 24, 2006
_ _
12 § 7b Document Request Deadline November 13, 2006
13 §8a Title Objection Deadline November 24, 2006
14 § 8b Off-Record Matters Deadline November 13, 2006
15 §8b Off-Record Matters Objection Deadline November 24, 2006
_ _
16 § 10 Seller's Property Disclosure Deadline N/A
17 § I0a Inspection Objection Deadline December 18, 2006
-
18 § I0b Resolution Deadline December 20, 2006
19 § loe Property Insurance Objection Deadline November 24, 2006
"-- 20 * 1 I Closing Date see paragraph 24b
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1 21 § 16 Possession Date at Closing
22 § 16 Possession Time at Closing
23 § 27 Acceptance Deadline Date October 30, 2006
24 §27 Acceptance Deadline Time 5:00 p.m.
25 N/A N/A N/A
26 N/A N/A N/A
30
31 d. Attachments. The following are a part of this contract:
32
(I) Exhibit A
34 Note: The following disclosure forms are attached but are not a part of this contract:
35 •
(1) money Promissory Note in the amount of -
(2) Earnest Money Promissory Note in the amount of de
(3) Closing Instructions
(4) Change of Status - Transaction-Brokerage Disclosure
(5) Brokerage Disclosure to Buyer
(6) Brokerage Duties Disclosure to Seller
(7) Definitions of Working Relationships
37 e. Applicability of Terms. A check or similar mark in a box means that such provision is
38 applicable. The abbreviation"N/A"means not applicable.The abbreviation"MEC"(mutual execution of
39 this contract)means the latest date upon which both parties have signed this contract.
40 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items
41 (Inclusions):
42 a. Fixtures. If attached to the Property on the date of this contract,lighting,heating,
43 plumbing,ventilating,and air conditioning fixtures,inside telephone wiring and connecting blocks/jacks,
44 plants,mirrors. floor coverings, intercom systems,sprinkler systems and controls;and N/A
47 b. Exclusions. The following attached fixtures are excluded from this sale:
48 N/A
49 c. Personal Property. If on the Property whether attached or'not on the date of this contract:
50 storm windows,stone doors,window and porch shades,awnings,blinds,screens,window coverings,curtain
51 rods,drapery rods,storage sheds,and all keys. If checked,the following are included: ❑ Smoke/Fire
52 Detectors, ❑ Security Systems,and N/A
54 d. Transfer of Personal Property. The Personal Property to be conveyed at Closing shall be
55 conveyed, by Seller, Free and clear of all taxes,(except personal property taxes for the year of closing), liens
56 and encumbrances,except N/A.
57 Conveyance shall be by bill of sale or other applicable legal instrument.
58 e. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows:
59 N/A.
62 f. Water Rights. The following legally described water rights;
63 N/A
65 Any water rights shall be conveyed by N/A deed or other applicable legal instrument.
66 g. Growing Crops. With respect to growing crops,Seller and Buyer agree as follows:
(1) Buyer shall give Seller 30 days prior notice before commencement of
construction or earth work in order for Seller to harvest any crops currently
growing on property.
70 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S.
71 Dollars by Buyer as follows:
72
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Buyer initials , J. C Seller initials l-4$ .
-
_,, Item No. Reference Item _ Amount Amount
1 §4 Purchase Price S 4111/811.11/11
2 §4a Earnest Money S 4111.10
(See
paragraph
24c)
3 §4b(1) New First Loan / TBD
4 §4b(2) New Second Loan '. N/A
5 §4c Assumption Balance N/A
6 §4d Seller or Private Financing N/A _
7 N/A ' N/A N/A N/A
8 N/A N/A N/A N/A
9 §4e Cash at Closing ImismuF
rt0 TOTAL $ $ OINIMMIlf:'.
73 Note: If there is an inconsistency between the Purchase Price on the first page sad this§44 the amount in
74 §4 shall control.
75 a. Earnest Money. The Earnest Money set forth in this section, in the form of two separate Earnest Money
Promissory Notes, one in the amount of dilimapand one in the amount of gliallinl,
76 is part payment of the Purchase Price and shall be payable to and held by North American Title Company,
77 (Earnest Money Holder)in its trust account,on behalf of both Seller and Buyer.The Earnest Money deposit
78 shall be tendered with this contract unless the parties mutually agree and set forth a different deadline in
79 writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing company,
80 if any,at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest money
81 deposits transferred to a fund established for the purpose of providing affordable housing to Colorado
82 residents,Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited
83 with the Earnest Money Holder in this transaction shall be transferred to such fund.
84 b. New Loan.
85 (I) New First Loan. Buyer shall obtain a new loan set forth in this section as
86 follows: ❑ Conventional 0 Other TBD
87 This loan will be secured by a N/A (1st,2nd,etc.)deed of trust.
88 The total loan amount,not in excess of$N/A,shall be amortized over a
89 period of N/A ❑ Years ❑ Months,payable at approximately$N/A per N/A
90 including principal and interest not to exceed N/A%per annum,plus,if required by
91 Buyer's lender,a deposit of N/A of the estimated annual real estate taxes and property insurance
92 premium. lithe loan is an adjustable interest rate or graduated payment loan,the payments and interest rate
93 initially shall not exceed the figures set forth above.
94 Loan discount points,if any,shall be paid to lender at Closing and shall not exceed N/A%of the
95 total loan amount. Notwithstanding the loan's interest rate,the first N/A loan discount points shall be paid by
96 N/A,and the balance,if any,shall be paid by N/A.
97 Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed N/A%of the
98 loan amount.
99 (2) New Second Loan. OMITTED AS INAPPLICABLE.
1 I I c. Assumption. OMITTED AS INAPPLICABLE.
126 d. Seller or Private Financing. OMITTED AS INAPPLICABLE.
148 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing,plus
149 Buyer's closing costs,shall be in funds which comply with all applicable Colorado laws,which include cash,
150 electronic transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds).
15I 5, FINANCING CONDITIONS AND OBLIGATIONS.
152 a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new
153 loan,or if an existing loan is not to he released at Closing.Buyer,if required by such lender,shall make a
154 verifiable application by Loan Application Deadline(§2c). Buyer shall cooperate with Seller and lender to
155 obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all
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'r
156 information and documents required by lender,and,subject to§4b(I)and(2)and§4c,timely pay the costs —.
157 of obtaining such loan or leillISIIIIIMpuyer agrees to satisfy the reasonable requirements of lender,and
158 shale the loan or assumption application,nor intentionally cause any change in circumstances
159 that would prejudice lender's approval of the loan application or funding of the loan. Buyer may obtain
160 different financing provided Seller incurs no additional delay,cost or expense,and provided Buyer is
161 approved for such substitute loan.
162 b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new
163 loan as specified in§4b.this contract is conditional upon Buyer obtaining a written loan commitment.This
164 condition shall be deemed waived unless Seller receives from Buyer,no later than Loan Commitment
165 Deadline(§2c),written notice of Buyer's inability to obtain such loan commitment. If Buyer so notifies
166 Seller,this contract shall terminate. IF SELLER DOES NOT RECEIVE WRITTEN NOTICE TO
167 TERMINATE AND BUYER DOES NOT CLOSE,BUYER SHALL BE IN DEFAULT.
168 c. Credit Information. If Buyer is to pay all or part of the Purchase Price by executing a
169 promtill,fiPllifavor of Sc lcr or if an existing loan is not to be released at Closing, this contract is
170 cond �lcr's ap�'s financial ability and creditworthiness,which approval shall be
171 at Seller's sole and absolute discretion. In such case: (I)Buyer shall supply to Seller by Buyer's Credit
172 Information Deadline(§2c),at Buycr's'expense.information and documents concerning Buyer's financial,
173 employment and credit condition;(2)Buyer consents that Seller may verify Buyer's financial ability and
174 c it%orthine s(including obtaining a current credit re ort ; 3 a such information and documents
175 er shall be held by Seller in confidence, sed to others except to protect Seller's
176 interest in this transaction;(4)if Seller does not provide written notice of Seller's disapproval to Buyer by
177 Disapproval of Buyer's Credit Deadline(§2c),then Seller waives this condition. If Seller does provide
178 written notice of disapproval to Buyer on or before said date,this contract shall terminate.
179 d. Existing Loan Review. If an existing loan is not to be released at Closing,Seller shall
180 provide copies of the loan documents(including note,deed of trust,and any modifications)to Buyer by
181 Existing Loan Documents Deadline(§2c).This contract is conditional upon Buyer's review and approval
182 of the provisions of such loan documents. if written notice of objection to such loan documents,signed by
183 Buyer,is not received by Seller by the Objection to Existing Loan Documents Deadline(§2c),Buyer
184 accepts the terms and conditions of the documents. If the lender's approval of a transfer of the Property is
185 required,this contract is conditional upon Buyer obtaining such approval without change in the terms of such
186 loan,except as set forth in§4c. If lender's approval is not obtained by Approval of Loan Transfer
187 Deadline(§2c),this contract shall terminate on such date. If Seller is to be released from liability under
188 such existing loan and Buyer does not obtain such compliance as set forth in§4c,this contract may be
189 terminated at Seller's option.
190 6. APPRAISAL PROVISIONS.
191 a. Appraisal Condition. This subsection a. 0 Shall ❑ Shall Not apply.
192
193 Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds
194 the Property's valuation determined by an appraiser engaged by Buyer or Buyer's Lender. The contract shall
195 terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written
196 notice from lender which confirms the Property's valuation is less than the Purchase Price,received on or
197 before Appraisal Deadline(§2c). If Seller does not receive such written notice of tenmination on or before
198 Appraisal Deadline(§2c), Buyer waives any right to terminate under this subsection.
199 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall
200 be timely paid by Cl Buyer ❑ Seller.
201 7. EVIDENCE OF TITLE
202 a. Evidence of Title. On or before Title Deadline(§2c),Seller shall cause to be furnished to
203 Buyer.at Seller's expense,a current commitment for owner's title insurance policy(Title Commitment)in an
204 amount equal to the Purchase Price,or if this box is checked, ❑ An Abstract of title certified to a current
205 date. At Seller's expense,Seller shall cause the title insurance policy to be issued and delivered
206 to Buyer as soon as practicable at or after Closing. If a title insurance commitment is furnished,it
207 ❑ Shall 0 Shall Not commit to delete or insure over the standard exceptions which relate to:
208 (1) parties in possession,
209 (2) unrecorded easements,
210 (3) survey matters,
211 (4) any unrecorded mechanic's liens,
212 (5) gap period(effective date of commitment to date deed is recorded),and "`-
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213 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing.
214 Any additional premium expense to obtain this additional coverage shall he paid by T Buyer
215 ❑ Seller.
216 b. Copies of Exceptions. On or before Title Deadline(§2c),Seller,at Seller's expense.shall
217 furnish to Buyer and Seller and Listing Brokerage,(1)a copy of any
218 plats,declarations.covenants,conditions and restrictions burdening the Property,and(2)if a title insurance
219 commitment is required to be furnished,and if this box is checked i Copies of any Other Documents(or,
220 if illegible.summaries of such documents)listed in the schedule of exceptions(Exceptions). Even if the box
221 is not checked.Seller shall have the obligation to furnish these documents pursuant to this subsection if
222 requested by Buyer any time on or before the Document Request Deadline(§2c). This requirement shall
223 pertain only to documents as shown of record in the offices of the clerk and recorder. The abstract or title
224 insurance commitment,together with any copies or summaries of such documents furnished pursuant to this
225 section,constitute the title documents(Title Documents).
226 c. Survey. On or before Survey Deadline(§2c). ❑ Seller [] Buyer shall cause Buyer and
227 the issuer of the Title Commitment or the provider of the opinion of title if an abstract,to receive a current
228 ❑ Improvement Survey Plat ❑ Improvement Location Certificate 0 See paragraph 24e
229 (the description checked is known as Survey). An amount not to exceed$N/A for Survey shall be
230 paid by ❑ Buyer ❑ Seller.,if the cost exceeds this amount, N/A shall pay the
231 excess on or before Closing. x
•
232 R. TITLE AND SURVEY REVIEW.
233 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by
234 Buyer of unmerchantability of title,form or content of Title Commitment or of any other unsatisfactory title
235 condition shown by the Title Documents,notwithstanding§ 12,shall be signed by or on behalf of Buyer and
236 given to Seller on or before Title Objection Deadline(§2c).or within five(5)calendar days after receipt by
237 Buyer of any change to the Title Documents or endorsement to the Title Commitment together with a copy of
238 the document adding any new Exception to title. If Seller does not receive Buyer's notice by the date
239 specified above. Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
24(1 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer,on or before
241 Off-Record Matters Deadline(§2c)true copies of all leases and surveys in Seller's possession pertaining to
242 the Property and shall disclose to Buyer all easements,liens(including,without limitation,governmental
243 improvements approved,but not yet installed)or other title matters(including.without limitation,rights of
244 first refusal,and options)not shown by the public records of which Seller has actual knowledge. Buyer shall
245 have the right to inspect the Property to determine if any third party has any right in the Property not shown
246 by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy).
247 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,
248 notwithstanding§ 12,shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record
249 Matters Objection Deadline(§2c). if Seller does not receive Buyer's notice by said date.Buyer accepts
250 title subject to such rights,if any,of third parties of which Buyer has actual knowledge.
251 c. Survey Review. Buyer shall have the right to inspect Survey. if written notice by or on
252 behalf of Buyer of any unsatisfactory condition shown by Survey,notwithstanding§8b or§ 12,is received
253 by Seller on or before Survey Objection Deadline(§ 2c)then such objection shall be deemed an
254 unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline(§
255 2c),Buyer accepts Survey as satisfactory.
256 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO
257 GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL
258 TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN
259 SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX
260 BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE
261 RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SL CH INDEBTEDNESS
262 WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT
263 FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF
264 SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,
265 AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
266 In the event the Property is located within a special taxing district and Buyer desires to terminate
267 this contract as a result,if written notice is received by Seller on or before Off-Record Matters Objection
268 Deadline(§ 2c),this contract shall then terminate. If Seller does not receive Buyer's notice by such date,
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269 Buyer accepts the effect of the Property's inclusion in such special taxing district and waives the right to
270 terminate.
271 e. Right to Object,Cure. Buyer's right to object shall include,but not be limited to those
272 matters listed in§ 12. If Seller receives notice of unmerchantability of title or any other unsatisfactory title
273 condition or commitment terms as provided in subsections 8 a,b,c and d above.Seller shall use reasonable
274 efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such
275 unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing,this contract shall
276 then terminate;provided,however,Buyer may,by written notice received by Seller on or before Closing,
277 waive objection to such items.
278 f. Title Advisory. The Title Documents affect the title,ownership and use of the Property
279 and should be reviewed carefully. Additionally,other matters not reflected in the Title Documents may
280 affect the title,ownership and use of the Property,including without limitation boundary lines and
281 encroachments,area,zoning,unrecorded easements and claims of easements,leases and other unrecorded
282 agreements,and various laws and governmental regulations concerning land use,development and
283 environmental matters. The surface estate may be owned separately from the underlying mineral estate,
284 and transfer of the surface estate does not necessarily include transfer of the mineral rights. Third
285 parties may hold interests in oil,gas,other minerals,geothermal energy or water on or under the
286 Property,which interests may give them rights to enter and use the Property.Such matters may be
287 excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all
288 such matters as there arc strict time limits provided in this contract(e.g.,Title Objection Deadline(§ 2c1 and
289 Off-Record Matters Objection Deadline[§ 2c]).
290 9. LEAD-BASED PAINT. Unless exempt,if the improvements on the Property include one or more
291 residential dwellings for which a building permit was issued prior to January 1, 1978,this contract shall be
292 void unless a completed Lead-Based Paint Disclosure(Sales)form is signed by Seller and the required real
293 estate licensees,which must occur prior to the parties signing this contract.
294 10. PROPERTY DISCLOSURE,INSPECTION AND INSURABILITY; BUYER DISCLOSURE.
295 On or before Seller's Property Disclosure Deadline(§2c),Seller agrees to provide Buyer with a Seller's
296 Property Disclosure(Vacant Land)form completed by Seller to the best of Seller's current actual knowledge.
297 a. Inspection Objection Deadline. Buyer shall have the right to have inspections of the
298 physical condition of the Property and Inclusions,at Buyer's expense. If the physical condition of the
299 Property or Inclusions is unsatisfactory in Buyer's subjective discretion,Buyer shall,on or before Inspection
300 Objection Deadline(§2c):
301 (I) notify Seller in writing that this contract is terminated,or
302 (2) provide Seller with a written description of any unsatisfactory physical condition
303 which Buyer requires Seller to correct(Notice to Correct).
304 If written notice is not received by Seller on or before Inspection Objection Deadline 1*2c),the
305 physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer.
306 b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller
307 have not agreed in writing to a settlement thereof on or before Resolution Deadline(§2c),this contract shall
308 terminate one calendar day following the Resolution Deadline(§2c),unless before such termination Seller
309 receives Buyer's written withdrawal of the Notice to Correct.
310 c. Insurability. This contract is conditioned upon Buyer's satisfaction,in Buyer's subjective
311 discretion,with the availability,terms,conditions and premium for property insurance. This contract shall
312 terminate upon Seller's receipt,on or before Property Insurance Objection Deadline(§2c)of Buyer's
313 written notice that such insurance was not satisfactory to Buyer. If said notice is not timely received,Buyer
314 shall have waived any right to terminate under this provision.
315 d. Damage,Liens and Indemnity. Buyer is responsible for payment for all inspections,
316 surveys,engineering reports or for any other work performed at Buyer's request and shall pay for any damage
317 which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or
318 liens of any kind against the Property for inspections,surveys,engineering reports and for any other work
319 performed on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless
320 from and against any liability,damage,cost or expense incurred by Seller in connection with any such
321 inspection,claim,or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by
322 Seller to enforce this subsection,including Seller's reasonable attorney and legal fees. The provisions of this
323 subsection shall survive the termination of this contract.
324 11. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on
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383 shall be obligated to repair the same before the Closing Date(y 2c). In the event such damage is not
384 repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of
385 Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract
386 despite such damage,Buyer shall be entitled to a credit,at Closing,for all the insurance proceeds resulting
387 from such damage to the Property and Inclusions payable to Seller but not the owners' association,if any,
388 plus the amount of any deductible provided for in such insurance policy,such credit not to exceed the total
389 Purchase Price.
390 b. Damage,Inclusions and Services. Should any inclusion or service(including systems
39I and components of the Property,e.g. heating,plumbing,etc.) fail or he damaged between the date of this
392 contract and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or
393 replacement of such inclusion or service with a unit of similar size,age and quality,or an equivalent credit,
394 but only to the extent that the maintenance or replacement of such Inclusion,service or fixture is not the
395 responsibility of the owners'association, if any,less any insurance proceeds received by Buyer covering such
396 repair or replacement. The risk of loss for any damage to growing crops,by fire or other casualty,shall be
397 borne by the party entitled to the growing crm,if any,as provided in$3 and such party shall be entitled to
398 such insurance proceeds or benefits for the wowing crops,if any.
399 c. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shall have
400 the right to walk through the Property prior to Closing to verify that the physical condition of the Property
401 and Inclusions complies with this contract.
402 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer
403 and Seller acknowledge that the respective broker has advised that this document has important legal
404 consequences and has recommended the examination of title and consultation with legal and tax or other
405 counsel before signing this contract.
406 20. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. if any note
407 Or check received as Earnest Money hereunder or any other payment due hereunder is not paid,honored or
4(18 tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there
409 shall be the following remedies:
410 a. If Buyer is in Default:
411 ❑ (1) Specific Performance. Seller may elect to treat this contract as canceled,in
412 which case all payments and things of value received hereunder shall be forfeited and retained on behalf of
413 Seller,and Seller may recover such damages as may he proper,or Seller may elect to treat this contract as
414 being in full force and effect and Seller shall have the right to specific performance or damages.or both.
415 (2) Liquidated Damages. All payments and things of value received hereunder shall
416 be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all
417 obligations hereunder. It is agreed that such payments and things of value arc LIQUIDATED DAMAGES
418 and(except as provided in subsection c)arc SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to
419 perform the obligations of this contract. Seller expressly waives the remedies of specific performance and
420 additional damages.
421 b. If Seller is in Default: Buyer may elect to treat this contract as canceled,in which case all
422 payments and things of value received hereunder shall be returned and Buyer may recover such damages as
423 may he proper.or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have
424 the right to specific performance or damages,or both.
425 c. Costs and Expenses. in the event of any arbitration or litigation relating to this contract,
426 the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney
427 and legal fees.
428 21. MEDIATION. if a dispute arises relating to this contract,prior to or after closing,and is not
429 resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a
430 process in which the parties meet with an impartial person who helps to resolve the dispute informally and
431 confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any
432 settlement is binding.The parties will jointly appoint an acceptable mediator and will share equally in the
433 cost of such mediation. The mediation,unless otherwise agreed,shall terminate in the event the entire
434 dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by one
435 party to the other at the party's last known address. This section shall not alter any date in this contract,
436 unless otherwise agreed.
437 22. EARNEST MONEY DISPUTE. in the event of any controversy regarding the Earnest Money and
438 things of value(notwithstanding any termination of this contract or mutual written isntructions),Earnest
439 Money 1-(older shall not be required to take any action. Earnest Money Holder may await any proceeding,or
CRS 3-7-04 CONTR TA11 I' ,AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) Ioi27;200p 11:38Page 8 of(1
Buyer initials <�C~r' Seller initials So �� .%.
325 the date SIpecitied as the Closing Date(§2c)or by mutual agreement at an earlier date. The hour and place of
326 Closing shall be as designated by Listing Brokerage.
327 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and
328 compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and
329 sufficient Special Warranty deed to Buyer,at Closing,conveying the Property free and clear of all
330 taxes except the general taxes for the year of Closing. Except as provided herein,title shall be conveyed free
331 and clear of all liens, including any governmental liens for special improvements installed as of the date of
332 Buyer's signature hereon,whether assessed or not. Title shall be conveyed subject to:
333 a. those specific Exceptions described by reference to recorded documents as reflected in the
334 Title Documents accepted by Buyer in accordance with§8a(Title Review),
335 b. distribution utility easements,
336 c. those specifically described rights of third parties not shown by the public records of which
337 Buyer has actual knowledge and which were accepted by Buyer in accordance with§8b(Matters not Shown
338 by the Public Records),and§8c(Survey Review),
339 d. inclusion of the Property within any special taxing district,
340 e. the benefits and burdens of any declaration and party wall agreements, if any,and
341 f. other N/A
342 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or
343 before Closing from the proceeds of this transaction or from any other source.
344 14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good
345 Funds,their respective Closing costs and all other items required to be paid at Closing,except as otherwise
346 provided herein. Buyer and Seller shall sign and complete all customary or reasonably,required documents at
347 or before Closing. Fees for real estate Closing services shall be paid at Closing by LJ One-Half by Buyer
348 and One-Half by Seller ❑ Buyer ❑ Seller ❑ Other N/A.
350
351 The local transfer tax of N/A %of the Purchase Price shall be paid at Closing by ❑ One-half
352 by Buyer and One-half by Seller E Buyer ❑ Seller ❑ Other N/A.
353 Any sales and use tax that may accrue because of this transaction shall be paid when due
354 by ❑ Buyer ❑ Seller.
355 15. PRORATIONS. The following shall be prorated to Closing Date(§2c),except as otherwise
356 provided:
357 a. Taxes. Personal property taxes, if any,and general real estate taxes for the year of Closing,
358 based on ❑ Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy
359 and Most Recent Assessment ❑ Other N/A;
361 b. Rents. Rents based on ❑ Rents Actually Received ❑ Accrued. Security deposits held
362 by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such
363 leases.
364
365 c. Other Prorations. V4'ater and sewer charges; interest on any continuing loan,and
366 N/A.
367 d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final.
368 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and
369 Possession Time(§2c),subject to the following leases or tenancies:
(1) Oil & Gas leases, if any
(2) Seller's possession of crops per paragraph .3g.
372 If Seller.after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and
373 shall be additionally liable to Buyer for payment of$250.00 per day from the Possession Date(§2c)until
374 possession is delivered.
375 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior
376 written consent. Except as so restricted,this contract shall inure to the benefit of and be binding upon the
377 heirs.personal representatives,successors and assigns of the parties.
378 18. INSURANCE; CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS. Except as
379 otherwise provided in this contract,the Property,Inclusions or both shall be delivered in the condition
380 existing as of the date of this contract,ordinary wear and tear excepted.
381 a. Casualty Insurance. In the event the Property or Inclusions shall be damaged by fire or
382 other casualty prior to Closing,in an amount of not more than ten percent of the total Purchase Price,Seller
CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10/2 '2006 I I:38Pagc 7 of I I
Buyer initials f -, Seller initials ' r L '1
440 at its option and sole discretion, interplead all parties and deposit any money or things of value into a court of
441 competent jurisdiction and shall recover court costs and reasonable attorney and legal fees.
442 23. TERMINATION. In the event this contract is terminated,all payments and things of value
443 received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to
444 §§ I0d.21 and 22.
445 24. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by
446 the Colorado Real Estate Commission.)
447
a. Use By Special Review (USE) Permit: Seller hereby acknowledges and
shall agree to cooperate with Buyer's application for a Use By Special
Review (USE) Permit with the Weld County Department of Planning & Zoning.
However, Seller shall bear no material cost for such cooperation. Buyer
agrees to provide to Seller copies of all documents related to such application
including, but not limited to, surveys, soil tests, environmental analyses
or any other necessary documentation.
b. Closing: Closing date shall be at the earlier of 07/27/07 or within
five (5) business days of the conditional approval of the Use By Special
Review (USR) Permit by the Weld County Commissioners.
c. Earnest Money: Earnest Money deposits shall be in the form of two (2)
promissory notes. The first promissory note will be in the amount of
$5,000.00 and shall become due, payable, non-refundable to Buyer and released
to the Seller on the Inspection Objection deadline of 12/18/06. The second
promissory note will be in the amount of $10,000.00 and shall become due,
payable, non-refundable to Buyer and released to the Seller on 04/27/07.
Earnest Money shall be non-refundable to Buyer after the passing of these
dates, regardless of the outcome of this contract and subject to no other
conditions. Buyer and Seller shall agree to sign any documents required
by the Title Company to release such Earnest Money.
d. Loan Commitment Deadline and Appraisal Condition: No Earnest Money
deposit shall be conditional upon the Loan Commitment provisions of paragraph
5b or the Appraisal Provisions of paragraph 6. All Earnest Money is considered
non-refundable regardless of the outcome of the Loan Commitment or Appraisal.
e. Survey and Records: Seller shall provide Buyer with all surveys and
records in their possession, if any, on or before fourteen (14) business
days of mutual execution of this Contract.
f. Inspection & Due Diligence: Seller hereby grants to Buyer and/or Buyer's
agents access to the subject property and/or property records and reports
for the purpose of inspection, environmental assessments, soil testing,
structural assessments, water well testing, feasibility analysis and
any other assessments or analysis Buyer deems necessary to determine if
the subject property is suitable for Buyer's intended uses. Buyer hereby
indemnifies and shall hold Seller harmless for all damages and liabilities
which may be created as a result of Buyer's inspection. In the event
Buyer gives written notice to Seller that the Buyer does not want to proceed
for any reason with the purchase of the property on or before the Inspection
objection Deadline, then this contract shall become null and void and
of no other force and effect.
g. Property Disclosure: Property is being sold as is, where is. Seller
shall be under no obligation to provide a Seller's Property Disclosure.
h. Buyer acknowledges that Seller has been notified of the possibility
CRS 3-7-04 CONTRACT TO BU.AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 10/272006 :35Page 9 of 11
Buyer initials Seller initials i•
of future oil & gas exploration on or near the subject property. Seller
shall allow Buyer to be involved and party to any negotiations with the
oil & gas exploration company during the period this contract is in effect.
Buyer will also be allowed to perform reasonable due dilligence in regard
to such future oil & gas exploration upon the property.
i. "1031" Cooperation: Buyer and Seller shall cooperate with one another
in order to effect a like kind exchange of properties in accordance with
the provisions of Section 1031 of the Internal Revenue Code of 1986 as
amended. Said cooperation shall be at no additional actual cost or liability
to either party. Cooperation shall not extend beyond the date of closing.
450
451 25. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This agreement constitutes the entire
452 contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto,
453 whether oral or written,have been merged and integrated into this contract. No subsequent modification of
454 any of the terms of this contract shall be valid,binding upon the parties,or enforceable unless made in
455 writing and signed by the parties. Any obligation in this contract that,by its terms,is intended to be
456 performed after termination or Closing shall survive the same.
457 26. NOTICE,DELIVERY AND CHOICE OF LAW.
458 a. Physical Delivery. Except for the notice requesting mediation described in§21,and
459 except as provided in§26b below,all notices must be in writing. Any notice to Buyer shall be effective
460 when received by Buyer or by Selling Brokerage Firm,and any notice to Seller shall be effective when
461 received by Seller or Listing Brokerage Finn.
462 b- Electronic Delivery. As an alternative to physical delivery,any signed document and .
463 written notice may be delivered in electronic form by the following indicated methods only: ID Facsimile
464 E-mail ❑ None. Documents with original signatures shall be provided upon request of any party.
465 c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and
466 construed in accordance with the laws of the State of Colorado that would be applicable to Colorado
467 residents who sign a contract in this state for property located in Colorado.
468 27. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in
469 writing,by Buyer and Seller,as evidenced by their signatures below,and the offering party receives notice of
470 acceptance pursuant to§26 on or before Acceptance Deadline Date(§2c)and Acceptance Deadline Time
471 (§2c). If accepted,this document shall become a contract between Seller and Buyer. A copy of this
472 document may he executed by each party,separately,and when each party has executed a copy thereof,such
473 copies taken together shall be deemed to be a full and complete contract b 1ween the parties.
474 _______---
Date: /6/97/x'C,-'
Buy Donald E an /or assigns
Address: 13738 Star Creek Drive
Broomfield, CO 80020
Phone No.: (720) 887-6716 Fax No.: N/A
485
486 'NOTE: If this offer is being countered or rejected,do not sign this document. Refer to§28}
487
Date: ILL -i 3 LI lc
Seller Henry Wallace Johnston
Address: 4015 NCR 13
Dacono, CO 80514
Phone No.: (303) 833-3077 Fax No.: N/A
CBS 3-7-04 CONTR-1TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) I O/27r200t I I:3Rage 10 of II
•Th
Ru'er initials / Seller initials ji.X, •,`j) a•
•1
Date: /71 - 4.G �j., ;�. .. ,._ . ,:1(4,/.4,
Seller Ruth Irene Johnston
Address: 4 015 WCR 13
Dacono, CO 80514
Phone No.: N/A Fax No.: N/A
498
499 28. COUNTER: REJECTION. This offer is ❑ Countered ❑ Rejected.
500 Initials only of party(Buyer or Seller)who countered or rejected offer
501
502 END OF CONTRACT
503 ,Note: Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline(§2c). J
504
505
506
507 BROKER ACKNOWLEDGMENTS.The undersigned Brokers acknowledge receipt of the Earnest
508 Money deposit specified in§4 and,while not parties to the contract,agree to cooperate upon request with
509 any mediation conducted under$•21.
510
51i l The Selling Broker is a ❑ Buyer's Agent 0V Transaction-Broker in this transaction.
512
5I 3 The Listing Broker is a ❑ Seller's Agent ® Transaction-Broker in this transaction.
514
515 BROKERS'COMPENSATION DISCLOSURE.
516 Selling Brokera a Finn's compensation or commission is to be paid by ❑ Listing Brokerage Firm
517 ❑ Buyer L Other N/A.
518
519 (To be completed by Listing Broker)Listing Brokerage Firm's compensation or commission is to be paid by:
520 Seller ❑ Buyer ❑ Other N/A
521
521
523 Selling Brokerage Firm's Name: N/A
524
Date:
Broker N/A
525 Address: N/A
526 Phone No.: N/A Fax No.: N/A
527
528
529 Listing Brokerage Finn's Name: LandProfesaionaIe, LLC
530
Date:
Broker Brad Bearson
531 Address: 4350 Hwy 66, Longmont:, CO 80504
532 Phone No.: 9705354941 Fax No.: 9705359854
CBS 3-7-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) 1O'27/2006 I f:3Bage 11 of t 1
Buyer initials J " Seller initials f ' T, 'l
iiii LAN PR
COMPLETE LAND AND RESOURCE SOLUTIONS
Exhibit A
-Attached to the contract between Johnston-Eymann dated 10/24/06:
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A tract of land located in Section 25,Township I North,Range Westofihe 6th P.M.,Weld County,Colorado, described as follows:
Beginning at a point on the Westerly right-of-way of Bull Canal and on the North line of said Section 25 from which
point the North quarter corner of said Section 25 bears North 89°48'East, 145.47 feet;thence South 89°48' West,780.87
feet along the North line of said Section 25 to the Easterly right of way of the Union Pacific Railroad;thence on a curve to
the left along the Easterly right of way of the Union Pacific Railroad on an arc length of 740.05 feet and a central angle
of 11°19'30"to a point of tangent;thence South 23°50'East,369.98 feet to the Northerly right of way of the Bull Canal;
thence along said Northerly right of way by the following courses and distances;North 65°03'East 313.67 feet to a point
of curvature; thence on the arc of said curve to the left 199.56 feet,said curve having a radius of 188.06 feet and a central
angle of 60°48'to its point of tangency;thence North 4°15'East,297.66 feet to a point of curvature;thence on the arc of a
curve to the left 91.00 feet,said curve having a radius of 280.33 feet and a central angle of I 8°36'to a point of reversed
curve; thence on the arc of said curve to the right 102.62 feet, said curve having a radius of 945.75 feet and a central
angle of 6°13'to its point of tangency; thence North 8°08' West, 43.88 feet to a point of curvature;thence on the arc of
said curve to the right 82.93 feet,said curve having a radius of 685.30 feet and a central angle of 6°56'to its point of tangency;thence
North 1°1 T West,54.61 feet to a point of curvature;thence on the arc of said curve to the right 61.66 feet,said curve having aradius
of 120°86 feet and a cettral angle of29°14'to its point of tangency;thence North 28°02'East,30.11 feet to the point of beginning,
except and reserving,all oil,gas and other mineral rights not previously reserved,l.ogether with full rights of ingress and
egress to and from the lands for the purpose of exploiting all of such oil,gas and other mineral rights.
^
REAL ESTATE, PLANNING/ZONING, CONSULTING
LANDPROFESSIONALS,LLC
4350 Highway 66•Longmont,CO 80504
a office 970335.4941 a metro 303.485.7838 • fax 970.535.9854 • brad@landpros.net
�r
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The North American TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has
made a careful search of Its records, and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION: SEE ATTACHED RIDER
CONVEYANCES (if none appear,so state):
•
•
Reception No. 1573170 Book Fi 51
Reception No._ 2939551 Book
Reception No. 2939555 Book
Reception No; 2977_657 Book
Reception No, Book
Reception No. Book
Reception No. Book
Reception No._ Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado.
•
This certificate is not to be constructed as an Abstract of Title nor art opinion of Title, nor a guarantee Title and the
liability of North Amer-1 op-tiTi t P COMPANY,is hereby limited to the fee paid for this Certificate.
In Witness Whereof,_North AmPr-i ran T; -lP COMPANY, has caused this certificate to be signed
by its proper officer this 26th day of January ,20 Q7 _, at Fort Col J ins
•
Company: North Ap2Pri.cau. Title Company
By: VbQ
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A PIEMdl JOSTOI and IEMR4 JGIHSTON. as tenants In talon ~
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. x EMISIT A .
A tract of land located to Section 25, Township 1 North, Range 6$Vast of the
6th P.M., Wel4 County, Colorado, described as follows: beginning eta point
on the Westerly Nppt-of-ray of Solt Canal and on the North line of said
Section 25 fray which point the North quarter corner of said Section 26 _ -.
boas Worth 85 ' Eat, 145.47 feet: .
thanes t�Easterly$' Vesest, 71W6of etthe l� hePa North
hc Railroad;lne of said Section
theses one one to the left along the Easterly right-of-my of the Union
Pabific Railroad on an arc length of 740.06 feet old a control angle of
11 19'30' to a 'Diet of tangent;
thence Swath 23"50' East, 369.9$ feet to the Northerly right-of-ray of the
gull Carnal:
thence along said Northerly right-of-ray by the following courses and
• North 66'03'
•
thence theEast arc of3sa said curve to the n left 1L 54 hit, said am having •
• aaarnMele of 185.06 feet and a central angle of 60'41' to its point of
- yenta Mereh 4015' Eat, 297.66 feet to a point of timeshare' •
thence antra arc of a curve to the left 91.00 feet, said am having a
radius of 290.33 feet and a central angle of 11'36' to a point of reversed
am: right
a raadiu oe the arc of said curve to s of 945.75 feet and central angle to 6'13'6 tot its point curve having
thence North imps' West, 43.85 feet to a pint of curvature:
• theta en tho are of said curve to the right $2.93 feet, said curve having a ' ._ .
. radius of 41116.j0 feet and a astral angle of 6'56' to its point of tangency:
thence North 1'12' 1st, 54.61 feet to a point of curvature; -
thong a the
ere of said curve to the right i1.K feet, said am having
thence Month £V02'feet and
30.11onfeetlto the p1ngle of 2n9t"of'bp/iwlnptnt of tatganC:
' EXCEPT AMD RESERVING, hoover, unto the parties of the first part all oil, 9u
and other mineral rights not previously reserved on or underlying the property
ress to and
froof land for the together
ofiexploiting full 9allt af ofisuch oilress ,.gas and other
elneral rights.
n
. .
•
1111111 1111 1111111 III II 11111 11 Il i AIM III Ell I I I 1111111
1 2939651 0/70312002 01:01P JA Suld Teukamoto
551 • 1 of 1 R 6.00 0 0.00 Weld County C0
PERSONAL REPRESENTATIVES DEED
(Testate Estate)
THIS DEED is made by Henry W.Johnston as Personal Representative of the Estate of Herman
Frank Johnston, also known as Herman Johnston, deceased, Grantor, to the Herman Frank Johnston
Trust dated April 13, 1992,Grantee,whose legal address is 4015 Weld County Road 13, Erie,Colorado,
80516, of the County of Weld, State of Colorado. The beneficiaries of the trust are the Herman Frank
Johnston Family Trust created under trust agreement dated April 13, 1992 for the benefit of Henry
Wallace Johnston and Ruth Irene Johnston, and Henry Wallace Johnston, Ruth Irene Johnston, Eileen
Hinkle and Sharon Tucker, individually. An Affidavit for Property Held in Trust has been recorded
simultaneously herewith.
WHEREAS, the Last Will and Testament of the above-named decedent was made and duly
executed in the lifetime of the decedent and Is dated April 13, 1992 and was amended by holographic
codicil dated June 1, 2000. The Last Will and Testament dated Apri 13, 1992 was duly admitted to
informal probate on March 22, 2001. Both the decedent's Last Will and Testament dated April 13, 1992
and the decedent's holographic codicil were duly admitted to formal probate on October 23, 2001, by the
District Court in and for the County of Weld,State of Colorado,Probate No.01 PR 90.
WHEREAS,Grantor was duly appointed as Personal Representative of said Estate on March 22,
2001 and confirmed as Personal Representative of said Estate on October 23,2001,and is now qualified
and acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate
Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee, the following
described real property situate in the County of Weld and State of Colorado:
An undivided one-half interest in:
A tract of land located in Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld
County, Colorado, described as follows: Beginning at a point on the Westerly right-of-way of Bull Canal
and on the North line of said Section 25 from which point the North quarter corner of said Section 25 bears
North 89°48'East,145.47 feet;thence South 89°48'West,780.87 feet along the North line of said Section
25 to the Easterly right of way of the Union Pacific Railroad; thence on a curve to the left along the
Easterly right of way of the Union Pacific Railroad on an arc length of 740.05 feet and a central angle of
11°19'30"to a point of tangent;thence South 23°50'East, 369.98 feet to the Northerly right of way of the
Bull Canal;thence along said Northerly right of way by the following courses and distances; North 65°03'
East 313.67 feet to a point of curvature;thence on the arc of said curve to the left 199.56 feet,said curve
having a radius of 188.06 feet and a central angle of 60°48'to its point of tangency;thence North 4°15'
East, 297.66 feet to a point of curvature; thence on the arc of a curve to the left 91.00 feet, said curve
having a radius of 280.33 feet and a central angle of 18°36'to a point of reversed curve;thence on the arc
of said curve to the right 102.62 feet,said curve having a radius of 945.75 feet and a central angle of 6°13'
to its point of tangency;thence North 8°08'West,43.88 feet to a point of curvature;thence on the arc of
said curve to the right 82.93 feet,said curve having a radius of 685.30 feet and a central angle of 6°56'to
its point of tangency;thence North 1°12'West,54.61 feet to a point of curvature;thence on the arc of said
curve to the right 61.66 feet,said curve having a radius of 120°86 feet and a central angle of 29°14'to Its
point of tangency;thence North 28°02'East,30.11 feet to the point of beginning.except and reserving,all
oil, gas and other mineral rights not previously reserved,together with full rights of ingress and egress to
and from the lands for the purpose of exploiting all of such oil,gas and other mineral rights.
With all appurtenances, subject to covenants, easements and restrictions in place or of record
and subject to general real property taxes for the year 2001.
As used herein,the singular indicates the plural and the plural the singular.
Executed December 28,2001. t`/.
Henry W.Joh n, Personal Representative of
the Estate of Herman Frank Johnston, also
known as Herman Johnston,Deceased
STATE OF COLORADO
) ss.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me this 28th day of December,2001,by
Henry W. Johnston, Personal Representative of the Estate of Herman Frank Johnston, also known as
HMy man Johnston,Dece da�,
My commission expires: Witness4hand official seal
L[� Notary Public
V ITCH
4 t—C 4P,�/ .:D
-O
STA1E • u r.
SKLD NA 10. 102.7. 57 WE 2939551-2002. 001
LINDA
1 566 QUITCLAIM DEED
THIS DEED, dated December 28, 2001, between Henry Wallace Johnston and Ruth Irene
Johnston,Trustees of the Herman Frank Johnston Trust dated April 13, 1992,whose legal address
is 4015 Weld County Road 13, Erie,Colorado,80516,of the County of Weld and State of Colorado,
grantor,and the Herman Frank Johnston Family Trust created under trust agreement dated April 13,
1992 whose legal address Is 4015 Weld County Road 13, Erie, Colorado, 80516, of the County of
Weld and State of Colorado,grantee. The beneficiaries of the trust are Henry Wallace Johnston and
Ruth Irene Johnston. An Affidavit for Property Held in Trust has been recorded simultaneously
herewith.
WITNESSETH, that the grantor, for and in consideration of the sum of TEN DOLLARS
($10.00),the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold
and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the
grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand
which the grantor has in and to the real property, together with improvements, if any, situate, lying
and being in the County of Weld and State of Colorado,described as follows:
An undivided one-half interest in:
A tract of land located in Section 25,Township 1 North,Range 68 West of the 6th P.M.,Weld
County, Colorado, described as follows: Beginning at a point on the Westerly right-of-way of Bull
Canal and on the North line of said Section 25 from which point the North quarter corner of said
Section 25 bears North 89°48' East, 145.47 feet;thence South 89°48'West, 780.87 feet along the
North line of said Section 25 to the Easterly right of way of the Union Pacific Railroad;thence on a
curve to the left along the Easterly right of way of the Union Pacific Railroad on an arc length of
740.05 feet and a central angle of 11°19'30"to a point of tangent;thence South 23°50'East,369.98
feet to the Northerly right of way of the Bull Canal;thence along said Northerly right of way by the
following courses and distances; North 65°03' East 313.67 feet to a point of curvature;thence on
the arc of said curve to the left 199.56 feet,said curve having a radius of 188.06 feet and a central
angle of 60°48'to its point of tangency;thence North 4°15'East,297.66 feet to a point of curvature;
thence on the arc of a curve to the left 91.00 feet, said curve having a radius of 280.33 feet and a
central angle of 18°36' to a point of reversed curve; thence on the arc of said curve to the right
102.62 feet, said curve having a radius of 945.75 feet and a central angle of 6'13' to its point of
tangency; thence North 8°08' West, 43.88 feet to a point of curvature; thence on the arc of said
curve to the right 82.93 feet,said curve having a radius of 685.30 feet and a central angle of 6°56'to
its point of tangency;thence North 1°12'West, 54.61 feet to a point of curvature;thence on the arc
of said curve to the right 61.66 feet,said curve having a radius of 120°86 feet and a central angle of
29°14'to its point of tangency;thence North 28°02'East,30.11 feet to the point of beginning.except
and reserving,all oil,gas and other mineral rights not previously reserved,together with full rights of
ingress and egress to and from the lands for the purpose of exploiting all of such oil,gas and other
mineral rights.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use;
benefit and behoof of the grantee,its heirs and assigns forever.
/'�+�IyN WITNESS WHEREOF,The grantor has executed this deed on the date set forth above.
ral h.Henry Wallace Johnston,�o Trustee the Herman Frank Johnston Trust
Dated April 13, 1992
�ii , J.ea—.e
uth Irene Johnsto • nrstee of the Herman Frank Johnston Trust
Dated April 13,1992
STATE OF COLORADO )
)ss.
County of Larimer )
The foregoing instrument was acknowledged before me this 28"'day of December, 2001 by Henry
Wallace Johnston and Ruth Irene Johnston, Trustees of the Herman Frank Johnston Trus
April 13, 1992. �E L
Witness my hand and official e¢I - °,.S,
My commission expires: I/ O I l rifl� •t N O TA a 1-
srpVe ICL
1111111111111111111 IIIII IIIII ��
Ill IIIIIII ill 1111 liii lAI No r o.
2939055 0410:12002 01:01P JA Suki Tsukamoto
1 SKLD ANA 10.102.7 .57 WE 2939555-2002. 001
LINDA
MIN 111111111111I MIL dill IIII 11II
2939566 04103/2002 01:01P JA Sold Teukamolo
2 of 2•II 10.00 0 0.00 Weld County CO
AFFIDAVIT FOR PROPERTY HELD IN
TRUST OR JOINT VENTURE
STATE OF COLORADO
ss.
COUNTY OF WELD
The undersigned being of lawful age,being first duly sworn,upon oath deposes and says:
1. This Affidavit relates to a trust.
2. Affiant(s)is a trustee of the trust named below,and has the authority to execute and
record this Affidavit.
3. The name of the trust which may acquire,convey,encumber,lease,or otherwise deal
with any interest in real property is the Herman Frank Johnston Family Trust
created under trust agreement dated April 13. 1992
4. The names and addresses of all the trustees of the trust or all the joint venturers of the
joint venture are:
Name Address
Henry Wallace Johnston 4015 Weld County Road 13.Erie.Colorado 80516
Ruth Irene Johnston 4015 Weld County Road 13.Erie,Colorado 80516
5. ALL of the trustees or joint venturers are required to act on behalf of the trust or joint
venture in any acquisition, conveyance,encumbrance,lease,or other dealing with an
interest in property in the name of the trust or joint venture.
6. This affidavit is executed and recorded pursuant to the provisions of Section 38-30-
166,C.R.S.
Affiants*
g, . , S.. _P G ,.G_�Z,t,
HenryWallace to on Ruth Irene Johnston mx
NOTARY:
Subscribed and sworn to before me this 28th day of December,2001. :
CID .PUBLIC:$
Witness my hand and seal. �'•.,
My commission express Vain/00, iyet< 4 �O........P
xxl l� HNu
Notary Public
If ALL of the trustees or joint venturers arc required to act as in paragraph 5,this Affidavit shall
be executed by at least one trustee or joint venturer named in this Affidavit. If FEWER THAN
ALL of the trustees or joint venturers are authorized to act as in paragraph 5,this Affidavit shall
be executed by all of the trustees or all of the joint venturers named in paragraph 4 of this
Affidavit.
No.300 Rev.7-92
SKLD NA 10. 102.7.57 WE 2939555-2002. 002
LINDA
11111111111IIIIIII111111111111111 nail III 11111 IIII
2977857 09/13/2002 11:57A Weld County,CO
1 of 1 R 5.00 D 0.00 J.A."Sukl"Tsukamoto
B67 QUITCLAIM DEED
THIS DEED,datedAt(414",4 tl,22 oetween the Herman Frank Johnston Family Trust created
under trust agreement dated April 13, 1992 whose legal address is 4015 Weld County Road 13,
Erie,Colorado,80516,of the County of Weld and State of Colorado,grantor,the beneficiaries of the
trust are Henry Wallace Johnston and Ruth Irene Johnston, and Henry Wallace Johnston and Ruth
Irene Johnston, as tenants in common, whose legal address is 4015 Weld County Road 13, Erie,
Colorado,80516,of the County of Weld and State of Colorado,grantee.
WITNESSETH, that the grantor, for and In consideration of the sum of TEN DOLLARS
($10.00),the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold
and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the
grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand
which the grantor has in and to the real property,together with improvements, If any, situate, lying
and being in the County of Weld and State of Colorado,described as follows:
An undivided one-half interest in:
A tract of land located in Section 25,Township 1 North,Range 68 West of the 81"P.M.,Weld
County, Colorado, described as follows: Beginning at a point on the Westerly right-of-way of Bull
Canal and on the North line of said Section 25 from which point the North quarter corner of said
Section 25 bears North 89°48' East, 145.47 feet;thence South 89°48'West, 780.87 feet along the
North line of said Section 25 to the Easterly right of way of the Union Pacific Railroad; thence on a
curve to the left along the Easterly right of way of the Union Pacific Railroad on an arc length of
740.05 feet and a central angle of 11°19'30°to a point of tangent;thence South 23°50'East, 369.98
feet to the Northerly right of way of the Bull Canal; thence along said Northerly right of way by the
following courses and distances; North 65°03' East 313.67 feet to a point of curvature;thence on
the arc of said curve to the left 199.56 feet, said curve having a radius of 188.06 feet and a central
angle of 60°48'to its point of tangency;thence North 4°15' East,297.86 feet to a point of curvature;
thence on the arc of a curve to the left 91.00 feet,said curve having a radius of 280.33 feet and a
central angle of 18°36' to a point of reversed curve; thence on the arc of said curve to the right
102.62 feet, said curve having a radius of 945.75 feet and a central angle of 6°13' to its point of
tangency; thence North 8°08' West, 43.88 feet to a point of curvature; thence on the arc of said
curve to the right 82.93 feet,said curve having a radius of 885.30 feet and a central angle of 6°56'to
its point of tangency;thence North 1°12'West, 54.61 feet to a point of curvature;thence on the arc
of said curve to the right 61.66 feet,said curve having a radius of 120°86 feet and a central angle of
29°14'to its point of tangency;thence North 28°02' East,30.11 feet to the point of beginning.except
and reserving,all oil,gas and other mineral rights not previously reserved,together with full rights of
Ingress and egress to and from the lands for the purpose of exploiting all of such oil, gas and other
mineral rights.
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use,
benefit and behoof of the grantee,its heirs and assigns forever.
Henry Wallace Johnst0h,Trustee of the Herman Frank Johnston Family
Trust under trust h agreement dated April 13, 1992
(1 .a
y Jane, y1 e
Ruth Irene Johnston,T ustee of the Herman Frank Johnston Family
Trust under trust agreement dated April 13, 1992
STATE OF COLORADO
)ss.
County of Larimer
te The foregoing instrument was acknowledged before me this {Lt`' day ofpk, 2002 by
Henry Wallace Johnston and Ruth Irene Johnston,Trustees of the Herman-Frank Johnston
r Family Trust under trust agreement dated April 13, 1992.
V m
5 Witness my hand and official seal.
• 3 } O My commission expires:1)21211(Yb
ALB 9
F' ,� rpo tv +p'pTA4 Y*Pt? Z .
m p n €4,:e r ,/ Notary
Public
L..
W A e
..l No.933.Rev. ..4-94 QUITCLAIM 15°° BV\• a:at
SKLD NA 10. 102.7. 57 WE 2977657-2002.001
LINDA
og 4 f :t�'�`� f! ,..V -7! .r/LU'.� ` ,f u�.c''t '' �c7 A= . 111 1 ,yen ,. V L .^�7r � �r X• �i
1� �c a� r . t. R[1
NO
E'TIFICATI N •F VIT L 'EC+ ' ` •4 .'' STATE OF COLORADO
toCOLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
. HOLD TO LIGHT TO VIEW WATERMARK s:
i , .
STATE OF COLORADO STATE FILE NUMBER
r CERTIFICATE OF DEATH ill
i
1`DECEDENTS NAME VOW MOW',Lay( .2.SEX 3.DATE OF DEATH 1MOmn.Day,V..rl :.
Ruth I. J0HNST0N F January 31, 2007
DECEDENT
4 SOCIAL SECURITY 54.AGE•Last 5D.UNDER 1 YEAR 5c.UNDER 1 DAY 6.DATE OF BIRTH 7.BIRTHPLACE ICily and Srala ur Foraipn
NUMBER 81nnd.Y(Years) IMonM,Day Year) Country)
85 41(6 ;DIY' H l :Mr^' March 12. 1421 9
1524- �-9023 Longmont, Colorado
WAS E EaENT EVER IN p..PLACE OF DEATH ICte6.Only Oml
4
v {) U.S.ARMED FORCES? HOSPITAL. 7 OTHER
OYa [I(f'!0 0Inpallenl 0ERIOutpiI.nl OOOA 0NuninN.OR OTOalanc. )4016.1(SP.6I1y1 Hospice Care i
QD.FACILITY NAME NI not msnwmon,Airs sfnN and nurnbe'1os pi ceCa re Q CITY.TOWN.OR LOCATION OF DEATH lb.COUNTY OF OEATN
Boulder and Broomfield Counties Care Center Louisville I Boulder
10a.DECEDENT'S USUAL OCCUPATION 10b.KIND OP BUSINESS/INDUSTR1r 1 1.MARITAL STATUS•MarneO. 12.SPOUSE(11 w1/..vim maiden name) -,
= IOM Alndof worx done during m00IOI worxrnp life. Never Married,Widowed.
Do no use atin4) Orvorc.4lSpeclly)
Teacher Public Schools Married Henry W. Johnston
I 134.RESIDENCE'STATE 130.COUNTY 13c.CITY.TOWN,OP LOCATION 13d.STREET AND NUMBER !.1.
7 . Colorado Weld Dacono 4015 Weld County Road 13
13..INSIDE 131.ZIP CODE 14.WAS DECEDENT OF HISPANIC ORKiIN7 15.RACE:American Indian, •16.DECEDENTS EDUCATION ISp.cilyool 1ip1.11
CITY ISp0cily or Y.s-It yet,apg8y CCupao, •''Black,WNW,.16.1SIadIy1 91140 6ompl.l.dl EI.m.nlary 01 sec0nary
LIMITS? MsalGn.70 erto RICO..ete.l 10 th 0uQII 121 COII.p.(13lEroupn 160.17+)
. qtr 80514 la No o Yee
Soocay. white 16
17.FATHER'NAMS 17117I.*Add*Last) t6.MOTHER-FUME-(First.41.0410,,Last f41M0.n Nanl.11 H.INFORMANT•NAME and relationship to deceased.
RENTS August Borgmann Lillian Swanson Henry W. Johnston - Husband
20$.METHOD OF DISPOSITION 206.PLACE OF DISPOSITION(NH..00 csnl011,y.6'.malOry.Or 20C.LOCATION.City or Town.State
I•
.I yy� omen Waco 1.
1 i aISPOSIiI aN Veurlal 0Cremation ❑Removal horn Stale Foothills Gardens k
1; 0Oonallon 0OMR,(Sp.6,ly) Longmont, Colorado
of Memory Cemetery
21e.SIGNATURE OF FUNERAL DIRECTOR OA PER NACTIN SOUGH - 2/0.NAME AND ADDRESS OF FACILITY:
Q AHLBERG FUNERAL CHAPEL lici&e.ill y 326 Terry St. Longmont, CO zip, 80501
22 ISTRAP'S SIGNATJI E 230.DA FRED(Monet,pay.Pau)
)1 .. /IaC—P 1 ---y el � �%fl J/ d Oo 7
2� E OF DEA> DATE PRONOUNCED DEAD 26.WAS C NER NOTIFIED?
/ M (sill Day Y Hour Was or O) i
1918 January 31 200 - 1918 NO
TO SE COMPLETED ONLY BY CERTIFYING PHYSICIAN TO BE COMPLETED BY CORONER
26.To ills best Only knowl doe.deals 06601100 a1 to Ilene,dale and plac..and due to 27.Ontt.b*W Of es.min.IIon andforinv°oIIpalon,lnmyopinion dais occurred at th.
In*C1uN(.)and monad alt.1.4. n Fete.4eta ano Wades and des to ills uw.1.1 and manner a Halrld
• CERTIFIER SIQnaiuH, �(/ t'4—,4 . Sfanafun,
1 28.DATE SIGNED*40017,0.6 Star) "0 • 21.DATE SIGNED(Montt,Day.l'.vl
4 4 2
30.NAME.TITLE AND
MAILING MA ADDRESS or CERTIFIER/CORONER trwse/P/nnIp Ziza
�/� // //////3- ///'e ( icF 44[�(s�/-ii m// (,�ss /).2 �_1 o/s7>!/% 7 ZIP: ea/! 77
31.NAME OF ATTENDING P YSICIAN II THER THAN CERTIFIER(Type/Pnnrl
ritill
4 >35 MANNER OF DEATH 331.DATE OF INJURY 336.NJUROYF 336.%JIMAT 33d.DESCRIBE HOW INJURY OCCURRED ::
(Moms,Day.Yowl
'fNatural ❑Pvndlnp D YIN O No
6 In allpetipn M
0 A6cIdent 6
rF 9 o suicide 0 UMetsrminaa 4
1 MannH �°'bolldlrtp.eteN SpOCdH''06'1,1un'.Mnet.Ie6b7.ORlea 33f.LOI:AT10N{&re.1aM Notre*. NumWr.Gry,C0unH.8tale) F
O Homicide
34.IMMEDIATE CAUSE'ENTER ONLY ONE CAUSE PER LINE fOR( .(01 AN 1.).)Do net*Mar mode of flying(0.1 C.rdlao Or Resolratory ArreeDelen.. Inl.rvel be"v° o^set
PART and deal%. . .aI
CAUSE OF I IU hEFow-i— �a t tLA•de- lk IN r4 14U) , I
DEATH CONDITIONS DUE TO OR AS ACONSEOUENCE OF Inl.rval between(meet
IF GAVE WHICH rI ?j ill 1 Se aM deal _ ,-,
GAVE RISE TO (bl 41-k V L4 lwf/' `1 c�.•y 7 V t S�a J'� ll�.Y�.'IIr.`s'I—AJi�.
IMMEDIATE CAUSE DUE TO OR AS A CONSEQUENCE OF Interval between 00611
STATING THE and d.eln
. UNDERLYING CAUSE
t! LAST (61 (C).0
I
PART OTHER SIGNIFICANT CONDITIONS•Conditions conbibuu+tq lo death tai pct.414160 louuseN 36.AUTOPSY 36.IF YES w.n MOlrtps cona10.1a0 33
II PART 116 0.*Icons)ab(a,obesity.smoker). (Y.1 a.Not In d.l.rminlnp cause el dark?
No
I ...... 4G�'ry..eE.QeQ S ÷s-t.....-••---
RONALD oa�����" 111111,, DAiE ISSUED FEB 0 92001y ' 1.ty,r wi, S.HUMAN „.•-••••.Tr, ' I
11h, THIS IS A TRUE CERTIFICATION OF NAME AND FACTS AS STATE REGISTRAR ,�
- �'!!!! RECORDED IN THIS OFFICE.Do not accept unless prepared on
', security paper with engraved border displaying the Colorado state seal a
and signature of the Registrar,PENALTY BY LAW,Section 25-2-118, iIlllIli '' x- "" e''II {I I I ll
I i
I ll
1 `� .1. a
Colorado Revised Statutes, 1982,if tt person alters,uses,attempts to f +
�!� use or furnishes to another far deceptive use any vital statistics record. Q j ' ' S 1 5 'ri\.y aw
l: r NOT VALID IF PHOTOCOPIED s' '
... lily REV 07/06 .14 �' ,It
I� It T` • 'a`� tl];I] YC j,ANY ALTE ATI•N eR ERASU }ELY I BS THIS CE TIFIC+A,�T.�E r 1 '�
�'i- • `",i`1 i- r 4 �r i `-itL LI' • "�. Seri of _' .1 „V i u 1,\'. J•,•. ill S e.:/ .
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